Bronson v. The Board of Education

The defendant moves upon the complaint and affidavits for an order dismissing the complaint on the ground (1) that the court has not jurisdiction of the subject-matter, and (2) that the complaint does not state facts sufficient to constitute a cause of action.

The plaintiff makes a counter-motion for an order granting judgment by default on the ground that the defendant’s motion was not made within twenty days from the service of the summons and complaint, and that no answer has been served.

Disposing first of the plaintiff’s motion — the twenty days expired December fifth, defendant’s notice…